Candace Miller, president and CEO of WVU Medicine Jackson General Hospital.
MORGANTOWN – The discussion around the Certificate of Need (CON) in West Virginia is heating up. On February 24, Governor Patrick Morrisey’s push to repeal this regulation faced a setback but remains alive.
The Certificate of Need program, overseen by the state Health Care Authority (HCA), requires healthcare providers to obtain approval before expanding services or acquiring expensive equipment. The idea is to manage costs and ensure healthcare resources are balanced and accessible across the state.
Initially introduced to control healthcare expenses, the program aims to prevent wasteful duplication of services. As of now, 36 states and Washington D.C. still have some version of this law in place.
Under the current rules, providers must show a true need for new services based on population metrics, financial viability, and consistency with the state’s health plan. Proponents argue this review keeps patients and local hospitals in mind, especially in rural areas where access to care could be threatened if for-profit competitors enter the market.
However, the conversation around removing CON is ongoing. This is the first time this repeal effort has been put forth by the governor, with Senate Bill 453 and House Bill 2007 being introduced. While the House bill has struggled, Morrisey believes most lawmakers share his desire for repeal to improve access to healthcare in the state.
Supporters of the repeal, including a coalition of conservative groups, argue that CON laws limit access and inflate costs. They point out that states without these regulations have not seen negative effects on their healthcare systems. They believe these laws are preventing West Virginians from receiving better healthcare.
But many healthcare leaders in West Virginia disagree. David Goldberg, president and CEO of Mon Health System, stresses the importance of CON in maintaining balance within the healthcare market. He points out that without it, larger systems might dominate, pushing rural hospitals at risk of closure due to competition.
Candace Miller of WVU Medicine shares similar thoughts. She explains that the unique challenges faced by West Virginia’s rural hospitals make CON essential. For instance, if a new competitor opens nearby, it could strip a hospital of its critical access designation, leading to severe financial impacts.
On the other side, Jim Kaufman, president and CEO of the West Virginia Hospital Association (WVHA), highlights that healthcare is not like other industries. Careful planning based on community needs helps protect resources and ensures that hospitals can continue serving vulnerable populations. Kaufman adds that the shortage of healthcare workers and the high number of residents reliant on government-backed insurance add further complexity to the state’s healthcare landscape.
While the debate continues, one thing is clear: the discussion around the Certificate of Need law in West Virginia will shape the future of healthcare access and quality in the state.
